After an Accident - 8 Things NOT to Say to Your Insurance Company

If you have been in an accident of any kind, you'll likely need your insurance company to help your pay the bills related to injuries and car or motorcycle repair.  If you want to maximize the amount an insurance company will pay you after an accident, you need to know the 8 things you shouldn't say to your insurance company.

1 – Anything immediately after the accident
The insurance company is not your friend and shouldn't be on your list of the first people to notify that you have been in an accident. Immediately after an accident you may be overwhelmed, scared, or even angry and it can influence what you remember and how you say it.  If you are injured, go to the hospital.  Worry about your injuries not the insurance company. There is plenty of time to call your insurance company later—after you have read through the rest of this list.

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Stupid drivers have a new home, Youtube

Unfortunately this is not the only example I found.  There are many examples of dangerous driving to be found.

Motorcycle helmet law repeal vetoed

The Springfield News-Leader is reporting Gov. Jay Nixon today vetoed Senate Bill 202, legislation that would have repealed Missouri’s helmet law for motorcycle riders. In vetoing the bill, Gov. Nixon cited two primary concerns: the significantly increased health care costs that could have resulted from the repeal, and the safety of Missouri’s motorcycle riders.

“In terms of lives and of dollars, the cost of repealing Missouri’s helmet law simply would have been too high,” Gov. Nixon said. “By keeping Missouri’s helmet law intact, we will save numerous lives, while also saving Missouri taxpayers millions of dollars in increased health care costs. Keeping our helmet law in place was the safe and cost-effective choice for Missouri.”

Universal helmet laws, such as the law Missouri has had since 1967, require all motorcycle riders to wear a helmet at all times while riding. According to data from the National Highway Traffic Safety Administration (NHTSA), the economic consequences of repealing such a law are clear. When Florida repealed its universal helmet law in 2002, the cost to treat patients diagnosed with head injuries as a result of motorcycle accidents doubled, reaching a total of $44 million. [Traffic Safety Facts, NHTSA, 2008] Nationally, one academic study estimated that the total cost to treat motorcycle accident victims who were not wearing a helmet is $250,231,734 a year more than the cost of treating victims who were wearing a helmet [Economic Impact of Motorcycle Helmets: From Impact to Discharge, Journal of Trauma-Injury, Infection & Critical Care, 2006]

Data from health care providers and insurance companies indicate that the taxpayers ultimately must pay for a significant portion of these increased treatment costs. After the Florida repeal, 16 percent of injured motorcyclists admitted to a hospital for treatment were either under-insured or uninsured, and the costs for another 21 percent of those admitted were billed to either charitable or public sources, such as Medicaid. [Traffic Safety Facts, NHTSA, 2008]

The public safety implications of eliminating or weakening a universal helmet law also are devastating. The NHTSA reports that helmets reduce the likelihood of a motorcycle fatality by 37 percent; but without a helmet law, riders more often choose not to wear protective headgear. As a result, when states repeal their helmet laws, motorcycle fatalities skyrocket. [Traffic Safety Facts, NHTSA, 2008]

According to an NHTSA report, in the 30 months following Florida’s repeal of its universal helmet law in 2002, the number of motorcycle fatalities jumped sharply. That year, the state had projected 242 motorcycle fatalities in light of increased registration of motorcycle riders. In fact, however, 301 motorcycle riders died in Florida in 2002 – 24 percent more than expected. For the two years before and after Florida’s repeal, fatalities per 10,000 motorcycle riders increased 21 percent in that state, compared with 13 percent nationally. [Evaluation of the Repeal of the All-Rider Motorcycle Helmet Law in Florida, National Highway Traffic Safety Administration, 2005]

In other states where universal helmet laws have been repealed, the trend is similar. According to the NHTSA, fatalities increased by 31 percent in the year following the repeal of the Texas helmet law in 1997. When Arkansas repealed its helmet law the same year, fatalities increased by 21 percent. [What Happens When a Helmet Law is Repealed? Traffic Safety Facts, NHTSA, 2008]

If you have been injured in a accident give me a call.

Should I handle my own personal injury claims?

There are some instances where an injured party can handle their own claim, but you should always speak with a personal injury lawyer before you contact the insurance company.

Here is a great post from the Texas Injury Law Blog.

Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?

Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer. They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible. If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law.

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time. While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client." 

If you have legal questions  with your personal injury claim give me a call for a free consultation. 

Medical bills cause majority of bankruptcies

 Over 62% of all  bankruptcies stem from medical bills, and even people with health insurance face financial disaster if they experience a serious illness, a new study shows.  

The study, prepared by the American Journal of Medicine, showed over a significant increase in medical related bankruptcies in the 6 years since the previous survey.  Also , interesting the study shows that most of the debtors were well educated, home owners and middle class.

Unfortunately most Americans are only one accident or illness away from losing much of what they have worked for their entire lives.  I can't count all the people in my office over the years who can't believe what is happening to them.   Anybody who tells you the current system is not broken, doesn't know what they are talking about or have a vested interest in the status quo.

Springfield Missouri Car Crash Report

Here is an interesting press release I found from the City of Springfield

 April Crash Report Card
There have been three fatality crashes in Springfield during the first four months of the 2009, compared to three in the same time period in 2008. The number of total crashes has decreased by 1 percent, while the number of injury crashes has increased 2 percent, respectively, compared to the same period last year. There have been 2,319 total crashes from January 1 to April 30. Traffic crash statistics are tracked by the Public Works Department.

MAY SAFETY MESSAGE

In the past, the majority of vehicles using our roadways were automobiles and trucks. Today, there is a trend toward an increase in alternative modes of transportation on our city streets. Street designs that provide for alternative modes of transportation are referred to as “complete streets.” This new design approach strives to accommodate all users of the streets, including bicyclists and pedestrians, as well as citizens who use wheelchairs. Those modes of alternative transportation have been growing noticeably over the past few years for several reasons, such as health benefits, environmental awareness and leisure, or as a response to increased gasoline prices and our present economic situation. While the City of Springfield is making an effort to accommodate the increased need to make the roadways more multi-modal-friendly, motorists themselves need to develop the habit of looking for people who are taking to the streets using alternative modes of transportation.

Local crash data clearly shows the need to address pedestrian, bicycle and motorcycle crashes in our community:

In 2008, there were a total of 17 fatal traffic crashes in Springfield with 9 involving motorcycle drivers. There were only two motorcycle fatalities on Springfield’s roads in 2007. Through April 30 of this year, there have been 21 pedestrian crashes, of which 17 sustained injuries. In 2008, there were “only” 13 reported crashes involving a pedestrian in that same time period — with a yearly total of 53 pedestrians hit in Springfield. Also, through April 30, 2009, 16 bicyclists have been hit by motor vehicles, of which 13 sustained injuries. In the same time period in 2008 there were only 6 bike crashes. Throughout the year of 2008, a total of 71 bike crashes were recorded.

The numbers of pedestrians, bicyclists and motorcycles on our roadways are increasing, which is overall a positive development for our community. However, on the down side, most motorists have not yet realized that they also must adapt to having these alternative forms of transportation on our roadways.

Motorists need to develop safe practices, such as:

  • Before making a right hand turn, always check your right mirror and blind spot for bicycles approaching on your right, and check cross streets for pedestrians and bikes that may be entering the street.
  • Before making a left turn, check for on-coming motorcycles and bikes, and check the street for pedestrians walking in the crosswalk to your left before you turn. Motorists must yield to pedestrians whether they in or out of marked crosswalks.
  • Always be extra alert when there is on-street parking, for pedestrians and especially children, who may step out between parked cars.
  • After parking your vehicle, turn your head and check the street for bicyclists that may be approaching from the rear before you open your car door. Checking the car mirrors will not suffice.

 

Why the right to a trial is important

 Very often I am approached by a client who has an agreement they want me to take a look at.  Many of these contracts have arbitration clauses.   I always point out this provision and suggest  that it be removed.  Usually when I explain what arbitration is, how much it truly costs and the rights that are usually waived, the clients eagerly agree that it is probably not in their best interest.  In my opinion, it is usually used by a bigger company to deter a smaller company or individual from doing anything to protect their rights because of the costs involved.

I have on numerous occasions used the example of the arbitrator needing to be appointed for each case and that this can arguably lead to biased results.  The Wall Street Journal has a great article about a former employee who has filed a claim alleging some of the things that many attorneys have long feared about the arbitration process.  Obviously, these are just her allegations and have not been proven.

The United States federal and state court system is far from perfect, but it is still the best thing going to provide a fair resolution for both parties.

QUICK TIPS FOR ACCIDENT VICTIMS

 1. Seek medical attention as soon as possible. 

2.  Get as many photographs of the accident scene and vehicles or objects involved in the accident as you can.  If you fell, get pictures of what you believe made you fall. YOU CAN NOT TAKE TOO MANY PHOTOS.  Make sure you have them "developed"or printed and safely stored on disk.  Do not leave them solely on your computer.  Now is not the time to save costs.

3.  Keep all medical records and bills that you receive.

4.  Keep a running list of all health care providers see.

5.  Immediately make a police report in case of any motor vehicle, motorcycle or bicycle accident.   Get  a copy of the police report.

6.  Keep a careful list of witnesses' names and contact information.  Get the name of the manager of the premises for any premises or slip and fall injury.

7.  Keep a list of all expenses or costs including lost wages you believe attributable to the accident.

Save your  prescription drug bottles and any casts, hardware, pins, braces, screws.  Save damaged personal property like clothing, eyeglasses, bicycles.  Anything damaged in the accident

Don't speak to anyone without the advice of an attorney.

 

 

Missouri Senate repeals mandatory motorcycle helmet law

The Associated Press is reporting that the Missouri Senate yesterday approved the removal of the existing motorcycle rider helmet law.  I don't ride a motorcycle, but do ride a bicycle as as my primary hobby.  The big groups of bicyclists that I routinely ride with are pretty good about policing themselves about helmet usage, but it is a personal choice.  As a kid, I rode my bicycle all around Southwest Missouri, and never had a helmet, but that was the late 70's and 80's.  (in fact I remember asking my mom for a cool euro style bicycle helmet, which would have provided next to no protection by today's standards, but would have looked cool.  My mom said no.) but now I never chance it without a helmet.  I hope most people still choose to ride with proper helmets.

The new bill also provided that insurers can not claim that riding a motorcycle provides an element of comparative fault.  However, not wearing a helmet does not explicitly receive such status, but the new statute does provide "no insurer, agent, producer, or claims adjuster of an insurer shall assign a percentage of fault to a party based upon the sole fact that the party was  operating a motorcycle in an otherwise  legal manner "

I can assure you that the insurance companies will try to use an injured persons non use of the helmet against them.

From the AP:

The Missouri Senate voted Thursday to allow people at least 21 years old to ride a motorcycle without wearing a helmet as long as they're not traveling on an interstate highway.
Some motorcycle enthusiasts contend that riding without a helmet is more fun and that the state shouldn't micromanage their lives.
"At some point in our society, you have to allow people who are 21 to make a conscious decision and weigh the risks of their own decisions," said Sen. Kurt Schaefer, R-Columbia, who has a motorcycle license but no longer owns a bike.

Missouri has required riders to wear helmets for decades, but some lawmakers have been trying to overturn that law, arguing that it infringes on civil liberties.
Supporters of the current helmet requirements argue the state should keep people safe during a potentially dangerous activity.

If helmets aren't required, "the state fails to protect those riders from brain injuries and ultimately even death," said Sen. Yvonne Wilson, D-Kansas City. Her son was killed in a motorcycle accident 10 years ago on Sunday.

"Of course the scars are still there," she said. "I feel I have to get past my own feelings and get concerned about those vulnerable motorcycle riders."

The motorcycle helmet provisions were added to a broader insurance bill, which passed 23-6. Under the bill, the helmet exemption would expire in five years. The measure now moves to the House, which has passed similar bills in past years.

About half the states are like Missouri in requiring all motorcycle riders to wear helmets. A few don't require anyone to wear a helmet, and the rest require them for younger riders.

Wilson said the National Highway Safety Association estimates that motorcycle helmets saved 1,784 lives across the country in 2007.

A study completed by researchers at the University of Missouri-Columbia and the University of Tennessee-Knoxville found motorcycle death rates increased by an average of 12.2 percent in states that repealed universal helmet requirements. The study analyzed the effect of helmet law changes in all 50 states and the District of Columbia from 1975 through 2004.

The insurance portions of the Senate legislation would prohibit insurance companies from assigning fault to someone in an accident based only on the fact that the person was riding a motorcycle.
 

Here are the UNOFFICIAL Bills are as follows:

Revised Missouri Statute 302.020

4. Notwithstanding the provisions of subsection 2 of this section,  any person who is twenty-one years of age or older may operate or ride as a passenger on any motorcycle or motortricycle without protective headgear upon any highway of this state, except for an interstate highway. Any person twenty-one years of age or older operating or  riding as a passenger on any motorcycle or motortricycle without protective headgear upon an interstate highway shall be guilty of an  infraction for which a fine not to exceed twenty-five dollars may be imposed. The protective headgear exemption provided by this subsection shall expire on August 28, 2014.

537.055.

1. In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, the fact that one of the parties was operating a motorcycle shall not, in and of itself, be considered evidence of comparative negligence.
 2. When investigating an accident or settling an automobile  insurance policy claim, no insurer, agent, producer, or claims adjuster of an insurer shall assign a percentage of fault to a party based upon the sole fact that the party was operating a motorcycle in an otherwise  legal manner. As used in this subsection,the term "insurer" shall mean any insurance company, association or exchange authorized to issue policies of automobile insurance in the state of Missouri. The term
"automobile insurance policy" shall mean a policy providing automobile liability coverage, uninsured motorists coverage, automobile medical payments coverage or automobile physical damage coverage insuring a private passenger automobile owned by an individual or partnership.

 

Texting while driving bill gaining traction

 Terry Ganey of the Columbia Tribune has a great report about the new bill before the Missouri Legislature to ban texting while driving and the use of cell phones by school bus drivers.  I would hope that ever school district in Missouri already has a policy against their drivers from using cell phones while driving students.  

 

Blah, blah, blah. That woman who blithely ran the intersection’s red light, her cellular telephone stuck to her ear, what could she be talking about?

Blah, blah, blah. That young man on the cell phone behind the wheel of the car that nearly mowed you down as you crossed the street, what could be so important?

So far, the Missouri General Assembly believes everyone should have the right to drive a car and carry on these conversations despite what it might mean for traffic safety. For years, efforts in the legislature to prohibit automobile drivers from using cellular telephones have been unsuccessful.

Now there is a new attempt — to outlaw text-messaging while driving and to prohibit school bus drivers from using cell phones while transporting pupils.

“We need to change our mind-set about this dangerous behavior,” said state Sen. Ryan McKenna, D-Crystal City, the sponsor of both bills.

The article goes on 

Figures supplied by the Missouri State Highway Patrol show about 23 percent of the 900 fatal traffic crashes in 2007 were caused by inattention. Of that number, more than 6 percent of the fatal accidents were because of cell phone use.

McKenna presented his two bills to the Senate Transportation Committee last week. He said he had witnessed people driving while reading the newspaper, putting on makeup or eating cereal. Text-messaging is more serious, however, because it can become a compulsion.

“More people aren’t paying attention because they are texting while they are driving,” McKenna said. “What we see out there now, especially among young folks, is text messaging and not understanding how dangerous the vehicle they are supposed to be operating is. A lot of tragic things can happen.”

A joint survey conducted by AAA and Seventeen magazine of 1,000 teenagers in 2007 showed 61 percent admitted to risky driving habits. Of those, about half said they sent text messages and talked on cell phones.

 I couldn't agree more, in December I wrote about the texting while driving issue here and here.  I find it amazing that 6% of the fatal accidents are cell phone related.  I would be willing to bet it could be more, if there were a way to prove people checking their phone for messages in the moments immediately before the accident.  

If you or someone you love has been involved in a car crash accident involving a driver distracted by texting or a cell phone call or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

Springfield Missouri accidents down

Below is a article from the News-Leader.  I am not sure that I agree with the traffic division.  I think an argument could be made that the reason there were fewer accidents is the increase in gas prices over the summer meant that fewer cars were on the road.  That may also account for the increase in motorcycle fatalities.  I wish the city of Springfield would have shown a monthly breakdown of the car crashes.

Springfield had the lowest number of traffic crashes in nearly 10 years in 2008, but fatalities nearly doubled, according to the city's Traffic Engineering Division.

There were 7,486 reported traffic crashes in the city of Springfield in 2008, the lowest total since 1997.

But there were 17 fatalities in 2008, compared to nine in 2007.

The 2008 fatality total is in line with yearly averages during the past six years.

Nine of the fatalities involved motorcycle crashes, the report noted.

Traffic crashes decreased by 4.6 percent and property damage-only crashes decreased by 4.9 percent compared to 2007.

The crash reduction represents a savings of more than $20 million, based on the cost per crash calculated by the National Safety Council.

The traffic division attributes the reduction in crashes to better driving along with improvements in engineering, enforcement and education.

If you or someone you love has been involved in a car crash or motorcycle accident in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.

Let's slow down in the work zones.

I had a court appearance in Christian County today and a meeting in Branson.  On the way there I passed through a small work zone.  As I slowed down, a semi truck and a following SUV (driver was on the cell phone) came around and kept going at full speed without slowing at all.  It was snowing and  both motor vehicles came within a few feet of one of the workmen.  As a testament to their bravery and probably the sheer number of times they are subjected to this danger, he casually moved out of the way.  Amazing.   Lets slow down and give these guys a break.

From MoDOT


In 2008, MoDOT will continue working toward improving 5,600 miles of roadway by the end of 2011, which will bring 85 percent of Missouri’s roadways up to good condition. Called Better Roads, Brighter Future, the program targets highways carrying 80 percent of all traffic on the state highway system – that’s 103 million miles traveled a day. These improvements mean many work zones across the state. We can manage our work zones, but we need your help to keep work zones safe.
Thank you for driving smart.

In 2007, 5 people were killed in work zones, which is a 74% decrease in deaths from 2006 when 19 people were killed. Thank you for driving smartly!
There were approximately 800 people injured in 2007 work zones, compared to 1,190 in 2006. This is a decrease of more than 30%.
Between 2002 and 2006, 113 people were killed and 6,582 people were injured in Missouri work zones.
Since 2000, eight MoDOT employees have been killed in work zones.
Inattention, exceeding the speed limit and following too closely are the leading causes of work-zone crashes.
The number one reason people die in traffic crashes in work zones and elsewhere is failure to wear safety belts. In 2007, of the 978 fatalities, 778 were occupant fatalities. Of the occupant fatalities, 67 percent of vehicle occupant fatalities were not wearing a seat belt.

Drive Smart in Work Zones to Arrive Alive

Here are some helpful tips:

Buckle Up! – Every trip, every time – safety belts save lives.
Stay Alert! – Dedicate your full attention to the roadway.
Follow Signs! – They’ll guide you through work zones safely.
Expect the Unexpected! – Watch for flaggers, workers and equipment.
Pay Attention! – Turn the radio down and don’t use your cellular phone.
Be Patient! – Remember workers are improving the road for future travels.
Don’t Speed!– Follow posted limits and adjust for weather conditions.
Don’t Drink and Drive! – Impairment of any kind is unacceptable.
Be Nice! – Merge early, don’t tailgate and don’t change lanes in a work zone.
 

Here's the three "S's" of managing work zones safely. Speed, Space and Stress. Handle these three factors and you're almost home free.

MANAGE YOUR SPEED:

Slow Down when approaching all work zones. You will be in the work zone quicker than you think.
Follow Posted Speed Limits, especially within construction zones, and try to maintain a consistent speed with the traffic flow. And adjust your speed for weather conditions.
Don't Resume Normal Speed until you see roadway signs indicating it's safe to do so.

MANAGE YOUR SPACE:

Leave Room. Leave adequate braking room between your vehicle and the one ahead of you. Count out at least two seconds from the time the car ahead of you passes an object and the time your own car passes that object. Also, keep a safe distance between your vehicle and traffic barriers, trucks, construction equipment and workers.
Don't Pass on the Shoulder. Don't drive across the median. This creates a very dangerous situation for you, construction workers and other motorists -- not to mention the steep fine.
Leave Yourself an Out. When stopped in traffic, leave a safety zone between you and the vehicle in front of you. A good rule of thumb is that when stopped in traffic you should be able to see the bottom of the tires of the vehicle in front of you.
Watch Out for Tailgaters. Do not force tailgaters to back off by slamming on your brakes or reducing your speed significantly. This practice can lead to road rage and increases the chances of a collision. When possible, pull over and let them pass. If this is not possible, turn your headlights on and off several times during daylight hours to illuminate your tail lights and warn tailgaters they are too close. If at night, lightly tap your brake pedal to illuminate your brake lights.

MANAGE YOUR STRESS:

Keep Your Cool. Calm down and don't rush. Remember, the temporary inconvenience of a construction zone will pay off with greatly improved roads soon.
Pay Attention. Avoid cell phone or radio distractions, as well as those of other stopped cars or construction.
Expect Delays. Use the MoDOT Work Zone map on this Web site and other available information to keep yourself informed about construction on your route. Leave a bit earlier, if necessary, to arrive at your destination on time. Consider using an alternate route that bypasses the construction zones.

If you or someone you love has been involved in a car crash accident, construction zone accident or other personal injury or workers compensation claim involving a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.

Elderly drivers and Missouri's Voluntary Reporting Law

It is all too often that a family  dealing with aging parents or grandparents must make a tough decision  to have the discussion with the elderly family member that it is time to stop driving.  It is a very difficult to tell a loved one that they are no longer capable of driving.  For many it means a loss of independence for the driver and additional responsibility for family.  My law office is located near several medical office buildings.  It is almost a daily occurrence to see an elderly driver heading the wrong way through the office park.  Missouri has a law designed to serve as a way for concerned family members, doctors and other professionals to anonymously report at-risk drivers without fear of reprisal.

The law ensures licensing decisions are based on a person’s functional performance and medical fitness to drive safely – not their chronological age; although the study found that the average age of reported drivers was 80 years old.  Missouri’s voluntary reporting law allows concerned family members, police officers, physicians, license office staff and others to report potentially at-risk drivers for re-evaluation and possible license revocation if they are found to be medically unfit to drive. In part, the law is in response to the efforts of the Suroff family of St. Louis, who lost their 21-year-old son, Jason, to a 92 year-old wrong-way driver with dementia. Missouri is one of 44 states to allow voluntary reporting (six states have mandatory laws).  AAA has made a recommendation that Missouri's law be implemented nationwide.

Researchers found that most reported drivers voluntarily gave up their licenses or opted not to follow through with the appeal process, which involves submitting a physician’s statement within 30 days. Based on the health status of the reported driver and physician recommendations, state licensing officials can implement immediate license revocation or require on-road testing to certify ongoing fitness to drive. At the completion of the study, only 144 of 4,100 (3.5 percent) of reported drivers retained valid licenses. While crashes and other on-road incidents were important factors in these drivers (one third were involved in crashes within 0-6 months prior to being reported), subsequent crash data indicate that these individuals likely ceased to be active drivers.

Unfortunately too many times family members don't take action until a car crash  has aldready occurred.  Many  elderly drivers are underinsured and can run the risk of having personal assets at risk in the event of a serious motor vehicle accident.  

Finally some good news

Here is some good news from the Missouri Highway Patrol.  I suspect that injury accidents are going to be up.  There are so many cases involving driver distraction, be it on a cell phone or text messaging while driving.

 Missouri Experiences Significant Reduction In Traffic Deaths


The Missouri State Highway Patrol is pleased to announce Missouri has experienced a 27 percent decrease in fatalities over the past three years. The complete breakdown of statistics is as follows:

From 2005 to 2006, Missouri led the nation with a 13 percent decrease in traffic fatalities.
From 2006 to 2007, Missouri experienced a nine percent decrease in traffic fatalities.
From 2007 to 2008, Missouri saw a five percent decrease in traffic fatalities.*

“I am very pleased with the reduction of fatal traffic crashes in Missouri over the past three years,” stated Colonel James F. Keathley, superintendent of the Missouri State Highway Patrol. “All of our troopers work every day to encourage safe driving and reduce traffic fatalities. We are committed to working with our traffic safety partners to further reduce the number of traffic deaths in our state. This is our primary responsibility and I believe we are doing a commendable job as evidenced by the fantastic reductions," stated Colonel Keathley.

The Missouri State Highway Patrol urges motorists to continue to do their part to keep the numbers moving in the right direction. Motorists should obey the speed limit, pay attention, never drink and drive, and always fasten their seat belt. Missourians can help further make the roads safe by reporting dangerous drivers to the Patrol’s Emergency Report Line at 1-800-525-5555 or *55 on a cellular phone.

*Note: 2008 fatality totals may change due to late deaths.

 

Springfield Missouri total accidents down, fatalities double in '08

From the Springfield News-Leader.  

Springfield streets were at once both deadlier and safer in 2008.

 

Total traffic crashes, as well as accidents that resulted in injuries, declined through November. But the number of fatal accidents doubled compared to 2007.

Motorcycle riders were particularly vulnerable, accounting for six of the eight people killed in traffic crashes during the first six months of the year. Of the 16 fatal crashes recorded through November, nine involved motorcycles.

To address the deadly trend, Springfield police on July 1 launched Operation Safe Ride, an effort aimed at curbing dangerous behavior by motorcycle riders and drivers of four-wheeled vehicles who put them at risk.

Officers -- including 11 Springfield motorcycle cops -- targeted intoxicated driving, speeding and compliance with the state's helmet law as part of the effort.

Police spokesman Officer Grant Story said the department hasn't conducted a statistical analysis of Operation Safe Ride's effects, but anecdotal evidence is positive.

The last fatal crash involving a motorcycle occurred Aug. 30.

"We're hearing a lot of feedback from the public that they're more aware of motorcycles," Story said. "One of our main goals was public awareness. Fatality numbers go up and they go down every year, so it's hard to address the trend except through public awareness, and we think we achieved that."

Tough To Address

City Traffic Engineer Earl Newman said the increase in fatalities is difficult to address directly.

"That can vary from year to year and it looks huge in the differences sometimes," he said. "But it's not something that you can particularly concentrate remedial actions towards."

Instead, most efforts focus on reducing total crashes with the idea that injuries and fatalities will decline, as well.

In that regard, 2008 was an improvement.

Injury crashes declined by 4 percent, while the total number of crashes was down 6 percent compared to the year before.

"We're probably going to finish out around 7,400 (total crashes) this year," said City Traffic Engineer Earl Newman.

Barring a flurry of holiday accidents, that will amount to a reduction of about 1,000 crashes compared to a decade ago, he said.

"Over the years we've been coming down," Newman said. The improvement represents considerable savings when the monetary costs traffic accidents are considered. "Just on that basis, we have reduced the economic loss by about $20 million. So it's a huge savings to the community."

Newman attributed the reduction in crashes to a combination of efforts, including police enforcement, intersection improvements, the city's conversion to LED traffic signals and addition of red-light cameras, as well as the Missouri Department of Transportation's installation of median safety cables on Interstate 44.

Even the monthly Crash Report Cards issued by the city appear to have had an effect on public awareness.

"We started that report card about two and a half years ago and we've done it monthly since; we've seen a continuing drop in crashes," he said.

Newman said the continuing rollout of red light cameras will be something to watch in 2009, and city engineers will be studying the effect of reduced neighborhood speed limits.

The reduction, completed this month, caps speeds on many neighborhood streets to 25 mph.

"It's going to take a little while to see the full result of that," Newman said, adding that several traffic-speed studies are planned for early spring.

"If we have the same effect we had in the Rountree (pilot) area, we should achieve a 3-5 mph reduction just by making this change."

 

Shut off teen texting in cars

Here is a Springfield News-Leader Editorial that makes a lot of sense.  Call your Missouri state senator or representative.  Especially if you ride a bicycle or motorcycle on Missouri roads.


Missouri lawmakers should support a proposal banning new drivers from using cell phones.
DECEMBER 16, 2008


SFETE! TISC!! I PAST!!!

In cell-phone text that means: "Smiling from ear to ear. This is so cool. I passed."

Currently, there's no prohibition in Missouri against a new, 16-year-old driver text-messaging his friends -- just as soon as he drives away from the license center -- that he's now a legal driver.

Evidence mounts that distraction caused by such messaging is more dangerous than driving after drinking.

But texting while driving remains perfectly legal, no matter your age or driving experience.

During a rainstorm, through a school zone, while taking little sister to day care -- all legal, even if the driver hasn't yet learned how to check for a blind spot on his left.

Wisely, some Missouri legislators plan to again debate cell phone restrictions during the next session. Several lawmakers have said they want to try to limit the use of cell phones for everyone. Some want to require hands-free listening devices.

Attempts to enact cell-phone laws last year failed. We hope that this year the lawmakers will focus on new drivers, as Rep. Charlie Norr, D-Springfield, is suggesting. We think they should be forced to spend at least their first year as drivers phone-free.

Norr, a former firefighter in Maryland, said the dangers of trying to drive while distracted are widely known, and have caused much carnage. He is realistic enough to know that lawmakers cannot do anything about many of those distractions -- like eating or trying to handle business matters by phone while on the road -- but he is hoping to push legislation this session focusing on the young drivers.

Of course, some will call such a restriction "ageism," or presumptuous or an overreaction. Those arguments should be ignored. Driving is a privilege, not a right, and studies routinely show that teenagers take too many chances on the road.

It's bad enough to have the loud friends in the back seat, or windy, hilly roads, or bad weather. Leave the cell phone out of the equation, at least long enough for a teenager to have some sense of the responsibility -- and the danger -- that comes when you get behind the wheel. 

 

 

I would also suggest reading Andy Clines post on the subject

 

Also see my previous post and watch the video.  

10 steps to immediately take after a car crash

 Here is some great advice from The Memphis Injury Law Blog by James K. Ferrell

Jami practices personal injury law in Tennessee and Mississippi, so I have changed his references from those states to Missouri and Arkansas where The Krebs Law Firm LLC represents injury victims and their families.  Regardless of where the car crash, semi truck or motorcycle accident occurred, the advice is spot on

1. PULLOVER RIGHT AWAY: If you can, move your car off the street or to the side of the road. Not stopping after an accident could case you to be guilty of the criminal offense of leaving the scene of an accident or hit and run.


2. E-911: If anyone is hurt, call 911 right away and ask for the police and an ambulance if needed.
3. PHOTOS, PHOTOS, PHOTOS: Take LOTS of pictures of the scene of the accident, the damage done to any cars or trucks, and of any injuries you might have. (I have talked about it before, but see Jami's previous post about photos here.)


4. NEVER ADMIT FAULT: Do not tell anyone that you were at fault. Often times you are in a state of shock and might not be aware of what really occurred.


5. GET THE OTHER DRIVER 'S INFORMATION: Exchange all of the following information with the other driver involved in the wreck, name, address, phone number, driver's license, vehicle year, make, model, color, and license plate number, and insurance information, including company, policy number, effective dates of policy, and telephone number.


6. SEE IF THERE WERE ANY WITNESS' AND GET THEIR INFORMATION: Get their name, address, and telephone number. Make sure you do this for each witness.


7. TELL THE POLICE OFFICER ABOUT YOUR INJURIES: If you are hurt, tell the police officer. The record of your injuries will be put in the investigating officer's report. If you don't mention to the police officer that you were injured, the insurance adjuster who will ultimately evaluate your claim might not believe that you were really hurt in the accident.


8. GET IMMEDIATE MEDICAL TREATMENT: If you are hurt get medical treatment right away. Go to the nearest emergency room or to your personal doctor. An injury, if left untreated, may become substantially worse. If you don't seek treatment or delay getting medical treatment, an insurance adjuster may suspect that you are not genuinely injured and discount your claim.


9. CALL YOUR INSURANCE COMPANY: Tell your insurance company about the wreck but do not talk to the other driver's insurance company or any adjuster. Usually a claims adjuster for the other driver will be assigned to your claim before you get a lawyer. This usually happens within a day or two of the accident. The adjuster will request permission to take a recorded or written statement (and even if he doesn't request it you can bet he's probably recording your conversation). If you are considering hiring a Missouri or Arkansas personal injury lawyer, you shouldn't give a statement any insurance adjuster for the other driver. Anything you say can seriously jeopardize your case without you even knowing it. Just tell the adjuster that you have decided to hire an attorney, and instruct him or her to refer all further questions to your attorney.


10. CALL A MISSOURI OR ARKANSAS PERSONAL INJURY LAWYER : If you are seriously injured don't try to settle your own claim. A good Springfield, Branson Southwest Missouri or Northern Arkansas personal injury attorney will generally be able to get much more money for you than you will be offered in settlement by an insurance adjuster, even when you take into account attorney's fees. If you do choose to accept a settlement for your injury without hiring a lawyer, you may receive a settlement that doesn't adequately pay you for permanent injuries and damages. If you're not sure whether to settle, talk to a lawyer who handles personal injury cases.

 

There are too many motorcycle wrecks in Southwest Missouri

 It seems like I can't pick up the local paper or turn on the news without reading about another Southwest Missouri or Northern Arkansas motorcycle accident. With gas prices what they were (and may be again), a lot more people were taking advantage of the fuel economy a motorcycle or moped offers.

 Here are the statistics for 2007.  I think 2008 will be worse, so do others.  These stats don't even take into account smaller 49cc and below mopeds.  By July this year Springfield had  six fatal motorcycle accidents and the Springfield Police Department has investigated a total of 42 motorcycle crashes.  I have not seen the numbers for the fall.  

MOTORCYCLE INVOLVEMENT 

This section presents a series of data displays which describe motorcycle involvement in Missouri's traffic crash experience. Motorcycle traffic crashes are defined as any crash in which one or more motorcycles were involved in the incident.
Mopeds and all terrain vehicles (ATV's) are not considered motorcycles for the purpose of this analysis. Data displays also are provided in this section which identify characteristics of motorcycle drivers in traffic crashes.

2007 SUMMARY ANALYSIS

􏰁  Of all 2007 Missouri traffic crashes, 1.5% involved a motorcycle. Of all fatal traffic crashes, 10.0%
involved a motorcycle. A total of 93 persons were killed and 2,179 were injured in motorcycle crashes.
􏰁 There was an increase of 2.8% in the rate of change when comparing total 2007 motorcycle traffic
crashes with those in 2006. There was a decrease of 2.2% when comparing fatal 2007 motorcycle
crashes with 2006.
􏰁 In 2007, one person was killed or injured in a motorcycle traffic crash every 3.9 hours in the State of Missouri.
􏰁 Of all 2007 motorcycle crashes, the first harmful event in 42.4% of the cases involved one motor
vehicle in transport striking another motor vehicle in transport. In 25.8% of the cases, it involved a
motor vehicle overturning. In fatal motorcycle traffic crashes, 30.3% of the cases involved a motor
vehicle striking a fixed object.
􏰁 Of all 2007 motorcycle traffic crashes, 52.0% occurred in urban regions of the State and 48.0% oc-
curred in rural areas. However, in fatal motorcycle crashes, 62.9% occurred in a rural area.
􏰁 Of all motorcycle drivers in traffic crashes, 93.9% were male and 6.1% were female. The average age of motorcyclists was 39.2 years.
􏰁 Motorcycle drivers were speeding in 51.7% of all fatal motorcycle traffic crashes and their drinking was a causative factor in 18.0% of these crashes.

Of those motorcyclists in 2007 traffic crashes who wore a helmet, 30.0% were either killed or received a major disabling injury. Of those not wearing helmets, 39.3% were either killed or received a major disabling injury.
(From the Missouri Highway Patrol 2007 Traffic Safety Compendium)

 

With so many people out enjoying the Ozarks , Branson area and riding their motorcycles to Eureka Springs, Arkansas, be careful and keep an eye out for not just motorcyclists but bicyclists,mopeds,  pedestrians and other auto drivers.